Opinion
No. 97 CR 697.
March 22, 2004
MEMORANDUM OPINION AND ORDER
Andrew Traeger ("Traeger") has just tendered a self-prepared handwritten request for leave to file a belated 28 U.S.C. § 2255 ("Section 2255") motion. According to Traeger's filing, the one-year time limit specified by Section 2255 ran out in November 2003, but medical problems that he suffered between March 2002 and March 2004 justify the tolling of that limitation period.
Before this Court can entertain Traeger's request, however, he must provide at least a threshold identification of the ground or grounds for his proposed Section 2255 motion. In that respect Rule 1(1) of the Rules Governing Section 2255 Proceedings for the United States District Courts ("Section 2255 Rules") echoes Section 2255 itself by requiring the movant to advance a contention "that the judgment was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such judgment, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." Under Section 2255 Rule 4(b) such an identification is necessary so that this Court may conduct the required initial consideration as to whether Traeger is or is not potentially entitled to relief.
Accordingly Traeger is ordered to file his proposed Section 2255 motion in this Court's chambers on or before April 12, 2004 (for which purpose copies of the forms available for such purpose by this District Court's Clerk's Office are being sent to him along with a copy of this memorandum order). Absent such a submission, this Court would of course be constrained to deny Traeger's motion for leave to file.